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Copyright Statement

A copyrightable work is any work that is original and has some degree of creativity.
Section 102 of the U.S. Copyright Act of 1976 states simply:

"Copyright protection subsists, in accordance with this title, in original works of
authorship fixed in any tangible medium of expression." --U.S. Copyright Act, 17 U.S.C., Section 102(a)

The intent of the law is to protect the rights of creators and producers of intellectual
property and their heirs and assignees. In the U.S., copyright no longer requires
registration or notice. That is, as soon as a work is placed in a "tangible medium
of expression," copyright exists in the work. Certain exemptions (Fair Use) have been
made to facilitate the use of information in educational settings. The guidelines
which follow are intended to clarify the use of media at Tarrant County College District.

The rules for determining whether a protected work is in the public domain are complex
and somewhat hard to describe, partly because they have changed many, many times.
The general rules (excluding anonymous works and works for hire) can be summarized
as follows:

Any work published on or before December 31, 1922 is now in the public domain.

Works published between January 1, 1923 and December 31, 1978, inclusive, are protected
for a term of 95 years from the date of publication, with the proper notice.

But, if the work was published between 1923 and December 31, 1963, when there used
to be a (non-automatic) "renewal term," the copyright owner may not have renewed the
work. If they did not renew, the original term of protection (28 years) would now
be expired and these works will be in the public domain.

After 1978, the way we measure the term of protection changes. It is no longer related
to a date of publication, but rather runs for 70 years from the date the author dies
(called "life of the author" plus 70 years). Further, publication is irrelevant. Works
are protected whether they are published or not.

Finally, those works that were created before December 31, 1978, but never published,
are now protected for the life of the author plus 70 years.

It is the responsibility of the user of intellectual property to ascertain the valid
holder of copyright and to adhere to the copyright law.

Fair Use Guidelines provide for a certain amount of individual discretion in the use
of copyrighted material. Students, for example, are generally accorded wide latitude
in the use of materials for class projects, assignments, papers, etc. because their
creations are private, are not for sale, are not publicly performed, and do not harm
the potential market value of the work. Instructors may copy a wide variety of material
for use in the classroom and to assist in research. The law protects the copyright
holder by prohibiting copying which harms the potential market of the work, i.e.,
to substitute for anthologies or to substitute for workbooks. It should also be noted
that the District may have contracts with industry organizations which determine certain
rights and responsibilities with regard to some forms of copyrighted material (ASCAP,
BMI/SESAC for music; theatrical agencies for dramatic works).

District service units (the Copy Center, Instructional Media Services, the Library,
etc.) are liable for any reproduction which they carry out and reserve the right to
question, to defer, to refuse requests for service which appear to violate copyright
and, therefore, place the District at risk of infringing the copyright law.

Video Recordings

Video recordings may be used in classes under the following conditions:

The viewing is a regular part of the course.

The viewing is limited to the members of the class.

The instructor is present for the viewing.

There is no external publicity.

The video is not presented via a cable or satellite network.

Note 1: No license from the copyright holder is required when an instructor at a public
school or non-profit educational institution uses a lawfully purchased or rented copy
of a video in classroom instruction. It does not matter who purchased or rented the
video, so long as it was legally obtained. The exemption is granted for "face-to-face"
teaching activities only. The exemption covers a "classroom or similar place devoted
to instruction." A place used for large educational presentations in which several
classes are convened together would be covered so long as an instructor presented
the video.

Note 2: Video recording of dramatic performances--the rights to produce and perform
plays, musicals, and other dramatic and theatrical works are specifically detailed
by theatrical agencies which license all productions not in the public domain. The
rights to record such performances must be negotiated along with the rights to produce
the work. Without specific permission, one may not record a performance or a dress
rehearsal of a play for any reason (archival purposes, for a personal record, for
a memento, etc.)

Off-Air Recording of Television

Broadcast television programs may be copied and used in classes under the following
conditions:

The recording is used within 10 days following the original broadcast.

The viewing is a regular part of the course.

The viewing is limited to the members of the class.

There is no external publicity.

The recording is not presented via an inter-campus network.

Material recorded off-air may be retained for a period of 45 calendar days following
the original broadcast to allow for instructor evaluation (to determine whether one
wants to retain the copy) and to allow for payment of fees and copyright compliance
should retention be desired. Following that period, the recording must be destroyed.
Programs available via pay television services (HBO, Showtime, etc.) may not be copied
and used in the classroom. Personal copies, i.e., programs copied by an instructor
at home, may be used only if they adhere to the above conditions.

Possession of a video does not confer the right to show it in public. The copyright
owner specifies, at the time of purchase or rental, the circumstances in which a video
may be "performed." Rented videos which bear the label "Home Use Only" may not be
advertised. Advertised or public showings require explicit license, either associated
with the video or arranged through a video rental service.

Music

Use of recorded music is governed by ASCAP/BMI/SESAC contracts, allowing the use and
broadcast of recorded music by faculty, staff and students, on campus under the auspices
of and benefit of Tarrant County College District.

Copying recorded music- permissible uses:

Emergency copying to replace purchased copies which for any reason are not available
for an imminent performance provided purchased replacement copies shall be substituted
in due course.

For academic purposes other than performances, single or multiple copies of excerpts
of works may be made, provided that the excerpts do not comprise a part or the whole
which would constitute a performable unit such as a section movement or aria, but
in no case more than 10 percent of the whole work. The number of copies shall not
exceed one copy per pupil.

A single copy of recordings of performances by students may be made for evaluation
or rehearsal purposes and may be retained by the educational institution of individual
instructor.

A single copy of a sound recording (such as a tape, disc or cassette) of copyrighted
music may be made from sound recordings owned by an educational institution or an
individual instructor for the purpose of constructing aural exercises or examinations
and may be retained by the educational institution or individual instructor. This
pertains only to the copyright of the music itself and not to any copyright which
may exist in the sound recording.

Prohibitions:

Copying for the purpose of performance, except as in 1 above.

Copying for the purpose of substituting for the purchase of music, except as in 1
and 2 above.

Fair Use Considerations

The fair use of a copyrighted work, including such use by reproductions in copies
or phonorecords or by any other means specified, for purposes such as criticism, comment,
news reporting, instruction (including multiple copies for classroom use), scholarship or
research, is not an infringement of copyright. In determining whether the use of a
work in any particular case is a fair use the factors to be considered shall include:

The purpose and character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes.

The nature of the copyrighted work.

The amount and substantiality of the portion used in relation to the copyrighted work
as a whole.

The effect of the use upon the potential market for or value of the copyrighted work.

To foster responsible compliance with copyright law that would take full advantage
of fair use opportunities and thereby lower institutional risk for copyright infringement
liability, the University of Minnesota Libraries launched the Copyright Information & Education website. Included in this site is a Fair Use Analysis (FUA) tool, an interactive device intended to educate users and facilitate fair use decision
making by stepping users through a four-factor analysis using the above factors: purpose,
nature, amount and market effect.

Documenting one's good faith efforts to apply fair use guidelines is important given
that the penalties for willful infringement of copyright are much more severe than those for innocent infringement.